Drone Usage State and Federal Laws

Drones continue to increase in popularity, both for recreational users and for commercial purposes. Often referred to as unmanned aerial vehicles or unmanned aircraft in statutes and regulations, drones and their operators are subject to both federal and state rules. This article is focused on drone usage as a hobby, not commercial or government drone usage, so it will only cover laws and regulations regarding recreational usage of drones weighing more than 0.55 pounds but less than 55 pounds. This is not an exhaustive list of all the applicable laws, but it will explain many of the main rules that apply.

Federal law requires recreational drone pilots to either have a remote pilot certificate or to operate their drone in accordance with the safety guidelines of an FAA-recognized Community-Based Organization. Drone operators are also required to keep the drone within their line of sight of the or the line of sight of a visual observer that is in direct communication with the operator. Federal law prohibits drone operation from interfering with any manned aircraft operation, and the drone cannot be operated in certain regulated airspace without FAA-approval. The operator is also required to have passed an aeronautical knowledge and safety test and must have proof readily available. Additionally, recreational drone users must register their drone with the FAA.

There are specific Indiana regulations regarding drone usage as well. Indiana bans the usage of drones during hunting season to help detect or search for wild animals. However, a hunter is permitted in Indiana to use a drone with infrared capabilities to locate and recover an animal that was legally killed or trapped, as long as the hunter doesn’t enter onto the property of another person without the landowner’s permission. It is also illegal in Indiana to fly a drone with the intent to harass another person, to secretly photograph or record a person in their home or on their property in an area not visible to the public, or to interfere with police or other first responders while they perform their official duties.

If you are operating your drone for a commercial purpose, like for your business, then there are additional federal rules that apply, including those related to training and education for the pilot, and documentation and labeling for the drone. Whether you want to fly a drone for recreational or commercial reasons, it is important that you are familiar with all the applicable rules and regulations. If you have any questions about drone laws and whether they apply to your drone, please contact McNeelyLaw LLP by calling (317)825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.